STATE OF GUJARAT Vs. RABARI DINESHBHAI SENDHABHAI

JUDGEMENT

(1.) The State of Gujarat has filed Criminal Appeal No. 1150/2005 against the judgment and order dated 24.01.2005 passed by the learned Sessions Judge, Mehsana in Sessions Case No. 234 of 2004 whereby, the respondent, original accused, has been convicted for the offences punishable u/s.363, 366 and 376 of IPC; and has been sentenced to undergo rigorous imprisonment of three months for the offence punishable under Section 363 of Indian Penal Code and to pay a fine of Rs. 5,000/-, in default to undergo simple imprisonment of 15 days. The accused has been sentenced to undergo rigorous imprisonment of three months for the offence punishable under Section 366 of the Indian Penal Code and to pay a fine of Rs. 5,000/-, in default to undergo simple imprisonment of 15 days. The accused has been sentenced to undergo rigorous imprisonment of six months and to pay a fine of Rs. 10,000/- for the offence punishable under Section 376 of the Indian Penal Code, and in default to pay the fine, to undergo further simple imprisonment of one month. Whereas, Criminal Revision Application No. 310/2005 has been preferred by the original complainant against the impugned judgment and order seeking enhancement of sentence.

(2.) The facts in brief are that on 29.04.2004 Ramnarayan Rajaram Bhaiya, original complainant, filed a complaint before Visnagar Police Station inter alia alleging that on 24.04.2004 her younger sister went missing in the afternoon hours after she had gone to the field for attending nature's call. He came to know from his brother, Sheshnarayan, that his sister was seen in the company of respondent accused at around 1345 hrs. and going towards Village Bus-stand. He made necessary search in the area but, all his efforts went in vain. On 27.04.2004 the complainant came to know from his neighbour that the appellant and victim were in the custody of Mehsana Police. A complaint in respect of this incident was lodged with Visnagar Police Station, where it was registered vide IC. R. No.163 of 2004 for offences punishable u/s. 363, 366 and 376 IPC.

(3.) The investigation was taken up and after usual investigation, charge sheet came to be filed against the respondent accused. The offence committed by the respondent accused was exclusively triable by the Court of Sessions and therefore, the learned Magistrate committed the case to the Sessions Court u/s.209 of the Code, where it was registered as Sessions Case No. 234 of 2004. Charge came to be framed against the respondent. The accused pleaded guilty and claimed to be tried.